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Browse our 1 legal question about Divorce & Separation in Australia and the lawyer answers, or ask your own questions for free.
In Australia, the Family Law Act 1975 governs matters related to divorce and separation. One important point to note is that Australia follows a 'no-fault' divorce principle, which means that the court does not consider who was at fault in the marriage breakdown. The only requirement is that the relationship has irretrievably broken down and there's no probability of reconciliation. Also, you must be separated for at least one year before you can apply for divorce. In terms of property and financial settlements, the court evaluates all assets and debts and makes a property settlement order accordingly.
divorce and separation can often be stressful, and can involve multiple complex issues such as child custody, property benefits, and spousal maintenance. You might require a lawyer to assist you in understanding your rights and responsibilities, guide you through the legal paperwork, represent you in court, and negotiate on your behalf to ensure fair treatment. Additionally, a lawyer with a professional understanding of local laws can provide you with strategic advice and help to reduce unnecessary delays or disputes.
For divorce applications in Southport, it is mandated that you and your spouse have been separated for at least a year. Additionally, if married for less than two years, you also need to provide a counselling certificate. For cases involving children, the court ensures that arrangements have been made for their care. In terms of property settlement, there's no set rule in Australia's Family Law Act about how property should be divided, which typically results in parties reaching an agreement after negotiating, or the court ordering for wealth distribution based on its discretion.
Do I need my partner's consent to get a divorce? No, you do not need your partner's consent to apply for a divorce. What happens to our property and financial assets? The court considers all assets, financial resources, and liabilities when deciding how property should be divided. Who will take custody of our children? The court emphasizes the best interests of the child and considers multiple factors like the child's relationship with parents and others, views of the child, and the parents' attitudes to parenting. What if we were married for less than two years? If you were married for less than two years, you may need to attend a counselling session with a family counselor before applying for divorce. Can I re-marry soon after my divorce is finalised? Once the divorce is finalised, there is a one-month waiting period before you can remarry.
You can refer to the Australian Government's Family Court website for comprehensive resources on divorce and separation. Legal Aid Queensland provides legal advice and services for individuals who can't afford the cost of a private lawyer. The Federal Circuit Court's website offers various forms necessary for divorce applications.
In case you need legal assistance for divorce and separation in Southport, the first step should be to find a reputable attorney specialising in Family Law. Start the discussion with your lawyer to understand your rights, responsibilities, and the potential outcomes you might expect from the legal proceedings.
